(영문) 수원지방법원 2018.05.17 2018노1614 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.05.17 2018노1614

야간건조물침입절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be returned to the victim C.

Reasons

1. The sentence of the lower court (ten months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

If a crime for which judgment has not yet become final and conclusive could not be judged concurrently with a crime for which judgment has already become final and conclusive, the relationship between the latter part of Article 37 of the Criminal Act cannot be established. In accordance with Article 39(1) of the Criminal Act, the sentence may not be imposed, or the sentence may not be mitigated or exempted, taking into consideration equity and equitable cases (Supreme Court Decision 2014Do469 Decided March 27, 2014). According to records, ① the defendant was sentenced to two years of suspended sentence for six months from May 18, 2016 due to intrusion upon a structure at night at the same time on June 25, 2017, ② the defendant was sentenced to eight months prior to the said judgment, on April 13, 2017, and the first decision was concluded to have been made from the date of the said judgment to the date of the crime, which became final and conclusive until 10th of 10th of 18th of 2017.

Therefore, even though there is no room to apply Article 39(1) of the Criminal Act with respect to the above ② Crimes and the instant crimes, the relationship between the latter part of Article 37 of the Criminal Act cannot be established, and there is no room to apply Article 39(1) of the Criminal Act between the above crimes and the instant crimes, the lower court held that there exists a relationship between the above crimes and the instant crimes

In light of the foregoing, the principle of equity has been taken into account when a judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act. The judgment of the court below is erroneous in the misapprehension of legal principles as to concurrent crimes by the latter part of Article 37 of the Criminal Act, which affected

3. Conclusion.

참조조문

-형법 제37조

-형법 제39조 제1항

참조판례

-대법원 2014. 3. 27. 선고 2014도469 판결

유사 판례

-대전지방법원 2018.07.18 2018노823

-춘천지방법원 2018.07.06 2017노857

-대구지방법원 2016.05.27 2014노4834

-부산지방법원 2018.05.04 2018노611

-수원지방법원 2017.04.21 2016노6584